City Council - 08/22/1967 - Village Meeting COUNCIL MEETING 22 August, 1967
The meeting was called to order• at 8:00 P.M. by Mayor Osterholt.
PRESENT WERE:
® David W. Osterholt , Mayor Paul R. Redpath
James C. Brown, Clerk Rolf E. Haugen, Treasurer
x Alvin J. Bren Quentin K. Wood, Engineer
Arthur W. Miner Harlan Perbix, Attorney
The invocation was given by Clerk Brown and the audience joined the
Mayor and Council in the Pledge of Allegiance to the flag.
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ITEM 8-20-67 MINUTES
The minutes of 8-3-67. ?Motion was made by Paul Redpath, seconded by Alvin
Bren to approve the minutes as published.
The motion carried.
u� The minutes of 8-8-67. Motion was made by Alvin Bren, seconded by Arthur
Miller to approve the minutes as published. r
The motion carried.
ITEM B-21-67 VOUCHERS
Motion was made by Paul Redpath, seconded by Arthur Miller to approve vouchers
4408 through 4418 for payment. i
The motion carried.
ITEM 8-4-67 BIDS ON FIRE TRUCK AND TANKER
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The Eden Prairie Fire Department recommended that we accept the bid of
Dahlberg Brothers ford for the Ford Truck and we accept the bid of Forstner
Fire Apparatus for the tanker and body.
A motion was made by Alvin Bren, seconded by Paul Redpath to award the bid on
the basis of the recommendations and award the bid to the low bidder which is
Forstner Fire Apparatus Company for the tanker and the low bidder for the
truck which is Dahlberg Ford.
The motion carried.
(� ITEM 6-22-67 DRAINAGE STUDY
z 1. Scenic Heights.
Mr. Robertson and Mr. Muller of Rieke, Carroll & Muller presented the report
to the Council on the Scenic Heights drainage study and road improvement.
The report was broken in two sections, one covering the proposals to eliminate
the drainage problems and the other, the proposals for a road improvement.
A motion was made by Alvin Bren, seconded by Paul Redpath to accept the report
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and to adopt Resolution. 170 setting the public hearing for September 26, r
1967 with a special informal meeting with the engineers and residents of the
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COUNCIL MEETING 22 August, 1967
Scenic Heights area for September 8, 1967 at 7:30 P.M.
The motion carried.
2. The Duck Lake Drainage Study.
Mr. Muller reported that they had just recently received the topographical
maps and were working on this and hoped to have it by the first meeting in
September for their presentation to the Council.
ITEM 8-23-67 SOUTHWEST SANITARY SEWER DISTRICT
A meeting is scheduled for Thursday night, August 24, 1967, at the Minnetonka
Village Hall on this matter in which the engineers will give some preliminary
reports. No other information was available at this time.
ITEM 8-24-67 ORDINANCES
1. The second reading of the Fire Code Ordinance.
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Motion was made by Paul Redpath, seconded by Arthur Miller to adopt Ordinance
#104.
The motion carried.
2. The Dance Hall Ordinance, second reading.
Motion was made by Alvin Bren, seconded by Arthur Miller to adopt Ordinance
#102.
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The motion carried.
3. The Hauling Ordinance.
Motion was made by Arthur Miller, seconded by Paul Redpath to adopt Ordinance
#103.
The motion carried.
4. The Dog Ordinance.
Mr. Harlan Perbix presented some ideas on the dog ordinance. It had not been
finalized in time to be mailed to the Council prior to the meeting. There was
no action taken on the first reading of this ordinance. Copies are to be
mailed to the Council with extra copies available at the Hall for citizens who
would like to read it over.
5. Changes to Ordinance #97.
The attorney presented for the first reading Ordinance #105 which changes the
term of the Fire Chief and the methods of appointing the Assistant Fire Chief
as requested by the Fire Department.
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Motion was made by Alvin Bren, seconded by Paul Redpath to dispense with the
reading and move for adoption the first reading of the Ordinance ,#105.
The motion carried.
ITEM 8-2.5-67 INFORMATION REQUESTS BY CITIZENS NOT ON THE AGENDA I
1. Mr. Harlan Swanson. f
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COU14CIL MEETING 3 22 August, 1967
Mr. Harlan Swanson appeared before the Council to request a variance in
order to build a house on a lot which he has purchased on Mitchell Road.
He stated that because of the steepness of the drop off that he would like
to build a house closer to the road than the fifty feet which the Village
requ ire;.
He presented plans which shows that one corner of the house would be 19 feet
from the right of way and the other one, some 25 feet. It was felt that
some further work should be done on this by the engineer but in order not to
delay Mr. Swanson, a motion should be given authorizing the final variance to
be issued by Mr. Quentin Wood. The Zoning Board had previously been called
and had approved issuance of the variance.
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Motion was made by Alvin Bren, seconded by Arthur Miller to grant a variance
to Mr. Harlan Swanson to build a home on the following, described property:
All that part of Government Lot 3 lying within the Southeast 1/4 of
the Northeast 1/4 of Section 21, Township 116, Range 22 and East of
Town Road also known as Mitchell Road, except the East 220 feet there-
of, said 220 feet measured at right angles to the East line of said
0overriment Lot 3.
This variance is to be withheld pending Mr. Wood's approval of the final
location of the house. The variance is granted due to the natural lay of
the lot which has a drop off on it and the adjacent land surrounding the
lot which would not be effected by granting a variance to it.
The motion carried. {
2. Mrs. Olson had several reauests. She wanted to know why ?•Northern States
Power was not on the agenda. Mayor Osterholt explained to her that at the
beginning of the meeting he had advised the people that Northern States Power
had requested a delay in coming before the Council. She also wanted to know
why the Scenic Heights and Duck Lake people were not notified that reports
would be presented at this meeting. She was advised that these were reports
to the Council, that the people will be notified properly before the public
hearings. She brought up the question of dilapidated buildings. She was
asked to specify which buildings she was referring to so that the Building
Inspector could be asked to check on them. She refused to elaborate on the
matter by naming property holders for buildings, stating only that she would
like to see the dilapidated buildings in the Village removed. She also
brought up the question on the shooting; ordinance mentioned in the minutes
previously. She was advised that we do have a shooting ordinance, that some
ciian„es were possible and a committee had been appointed to work on these.
They had not made a request to appear on the agenda or report to the Council s
as yet.
3. Nr. Paul Redpath brought up the fact some individuals had gone into Dutch's
P.esort ani taken certain tests on the drainage system at the resort at the
lake and had stated that they were sent there by Mr. Paul Redpath. Mr. Paul
Redpath questioned whether these people could be prosecuted. He was advised
br the attorney to get their names and if they were impersonating or using his
name improperly, it should be turned over to the County Attorney for possible
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COU11CIL 11F.ETI14G 4 22 August, 1967
prosecution. Mr. Paul Redpath, also, stated he had talked with the attorney
regarding tape and tape recorders and felt that we should have some action
on this. He made a motion to instruct the Clerk to investigate the price
of tape recorders. This motion was seconded by Mayor Osterholt to have this
information at the next Council meeting.
The motion carried.
ITEM 8-25-67 LETTERS U D COMMUNICATIONS
Mayor Osterholt presented a letter from Mr. Richard Kinney requesting that
he be relieved of his duties on the Eden Prairie Industrial Commission as
his work had transferred him from Minnesota to California and he would be
unable to perform on the Commission in the manner in which he would like to
have done.
A motion was made by Paul Redpath, seconded by Arthur Miller to accept Mr.
Kinney's resignation with regret and to instruct the Clerk to write a letter
of thanks to him.
The motion carried.
Mayor Osterholt presented to the Council a letter from Mr. Quentin Wood
regarding the problem with Mr. and Mrs. Lueth on Sunnybrook Road. He
requested that copies be made and mailed. to Council members. He, also,
presented a letter from Magnuson Insurance Agency asking that they be put on
the list of bidders for future insurance. This letter will be filed with
the insurance bids.
Mayor Osterholt reported that he had met with a committee on Dutch Elm
disease and they are interested in working with the communities. He stated f
that further information would be brought back to the Council as it developed.
Mr. Paul Redpath stated that he had been contacted by Jim Cardinal who asked
for permission to discuss health and accident insurance for the village
employees with the Council. This would be placed on a future agenda at
Mr. Cardinal's convenience.
The Clerk presented a letter from the Park G Recreation Commission stating
that they are asking that the studies on Riley Lake Beach and the Kutcher
properties by Brauer & Associates not be made as these will be considered as
part of the over all comprehensive plan.
ITEM 8-10-67 STREET DEPARTMENT
1. Roof for the garage.
Mr. Quentin Wood and Mr. Ray Stodola are to get more information and present
it at the next meeting.
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2. Additional roads to be seal coated.
Mr. Quentin Wood stated that the bids coming in as low as they did on the seal j
coating would allow additional work to be done in the Village this year. He
COUNCIL MEETI ±G 5 22 August, 1967
frecommended that Riverview Road be added to the list of roads to be seal
coated. This would be at a cost of $2,306.40 malcing the total cost
$12,928.99, well under his estimate for the seal coating and well under
the budgeted amount.
I;otion was made by Alvin Bren, seconded by Arthur Miller to add Riverview
Road to the seal coating contract.
The motion carried.
ITEM 8-27-E-7 PARK & RECREATION ACTING ON THE KUTCHER PROPEIG"I
Mr. Harlan Perbix stated that the papers were being finalized now for the
completion of the execution of a contract for deed, that we would be required
to finalize this very shortly.
Motion was made by Arthur Miller, seconded by Paul P.edpath to authorize the
Mayor and Clerk to sign the contract for the deed on the butcher property and
authorize the Treasurer to draw a check for the funds for the first payment.
The motion carried.
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ITEM 8-28-67 VILLAGE INSURANCE
The Clerk reported that he had contacted the insurance agency which carried
the Village insurance, and had been advised by the agent that the Village had
been covered by insurance from the time the agency issued the policies on us
and :ry the previous agency carrying Village insurance.
A change oracle by the State Legislature on Workman's Compensation required a
resolution if the Village officials wanted to be fully covered under Workman's
Compensation. Attcrney Perbix has prepared the resolution for adoption
covering the officials of the Village under Workman's Compensation.
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Motion was raade by Paul Redp ath, seconded by Arthur Miller to adopt Resolution
#168.
The motion carried.
ITEM 8-29-67 NORTIIRUP KING AND COMPANY DONATION FOR REPAIRS ON SPRI14G ROAD
Northrup King, and Company had donated $25.00 to the Village of Eden Prairie to
be applied to the cost of reconstructing the spring, on Spring Road.
Notion was made by Arthur Miller, seconded by Alvin Bren to accept the con-
tribution and instruct the Clerk to send a letter of thanks to Northrup King.
The motion carried.
ITEM 8-30-67 PAY SEILER
Mr. Seiler had requested that some action be taken by the Village to get the
,proper spelling of Staring used in Staring Lake and possibly other areas of
the Village. Mr. Seiler stated Staring should be spelled with one 'r' and
not two as shown on the maps presently available from the State, County, and
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COUNCIL MEETING 6 22 August, 1967
The County stated they would make the necessary changes if we would adopt a
resolution and forward a copy to them, they would start the procedure which
would then be picked up by other bodies and eventually the name would get
changed on the maps. We would also correct the street signs used on
Staring Lane.
The attorney was instructed to draft such a resolution for the next meeting.
ITE14 8-31-67 REQUEST FROM THE PLANNING AND ZONING BOARD THAT BUILDING PERMITS
ON THE M-2 PROPERTY BE WITHHELD IN THE AREA LIKE WEST 78TH STREET, EDEN PRAIRIE
ROAD, VALLEY VIE7 ROAD AND THE CHICAGO NORTHWESTERN RAILROAD TRACKS
The attorney advised that they could not act on this matter in this way, that
unless Mr. Don Brauer stated that it was imminent that a comprehensive plan
would make some very special changes in the area and the plan was being worked
on to develop these changes, we could not discriminate between one part of the
area and another, as far as building permits were concerned. We couldn't j
arbitrarily withhold building permits without a justifiable reason.
ITEM 8-32-67 PLANNING AND 'ZONING REQUEST FROM BRAUER ASSOCIATES FOR
ADDITIONAL FUNDS FOR UPDATING THE CURRENT VILLAGE MAP
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Brauer 6 Associates is requesting an additional $750.00 to bring the Village !
map up to date before the start of the comprehensive plan.
Motion was made by Alvin Bren, seconded by Arthur Miller to authorize the
additional $750.00 to complete the map. '
The motion carried.
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ITEM 8-33-67 ENGINEERING DEPARTMENT
1. Westgate.
They are still working on this. It is not finished.
2. Sunset Ridge.
No further report on this.
3. Layout BF, adopt resolution.
Motion was made by Arthur Miller, seconded by David Osterholt that we adopt
Resolution 169 on Layout BF.
'— The motion, carried.
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4. Resolution on public roads.
The resolution was not ready.
5. Bids on topographical map.
This was the date that the bids were to be opened. It had not been properly
prepared for publication adn had not been advertised. Mr. Wood stated that
the Mark Hurd people would not rid as they felt they were an engineering
service and not applicable to the bid. Mr. Paul Redpath stated that he had
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COUNCIL MEETING 7 22 August, 1967
requested an opinion from -the attorney general which they were not prepared
to give him as of this meeting and hoped it would be available for the next
meeting.
No further action was taken.
6. highway 169-212 relocation.
Mr. Quentin Wood reported that there were considerations to move the Highway
169-212 as approved by the Village several years ago to some alternate route
through the Village as requested by the City of Shakopee and also based on
some request from the new area around the proposed City of Johnathon. He
felt that the plan as approved by the community many years back was still the
best plan for the highway and that we should do everything possible to keep
the plan in the present routing. The Council felt that this matter should be
pursued to the fullest and they will be contacting the highway commissioner
and various members for information and reaffirm the Village's position as
previously stated in a letter to Commissioner Jamieson regarding the route of
Highway 169-212 through the Village.
ITEM 8-34-67 VILLAGE PERSONNEL REPORT ON UNION MEETING
We reported that the Mayor, the Clerk, Councilman Redpath, Treasurer Haugen
had met with representatives from the Local 49 to discuss the proposals as
made by Local 49 and clarify them for the Village.
The Committee from the Village had also met and had counter proposals which
they felt should be presented to the Council prior to the meeting so the
Council could consider them and present them to the Union. The proposals will
be placed in writing and mailed to the Council members.
ITEM 8-35-67 VILLAGE BUDGET SPECIAL MEETING
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A special meeting to consider the Village budget is set for September 15, 1967
at 7:00 P.M. to work over the 1968 budget.
ITEM 8-A-67 RESOLUTIO14 FOR THE FINAL APPROVAL OF THE CROSSTOWN 62, 169, E
2121 AND 18 �
Mr . Quentin Wood stated that the reason it was not on the agenda was because
they had just delivered i`.- and were asking for immediate action so they could
start letting the contracts for the interchange, itself. He stated that there
were no changes since the final approval by the Village of the proposed plans
some months ago. E
Motion was made by Paul Redpath, seconded by James Brown to adopt Resolution
#169 on the Crosstown 62nd, 169, 212 and 18 interchange.
The motion carried.
Mr. Quentin Wood, also, brought up a request for the Village of Edina regarding
sewer and water along old 18 serving parts of Eden Prairie. He asked the {
COUNCIL MEETING 8 22 August, 1967
Council to set up a hearing date on this matter so that we could proceed with
the construction this fall and winter.
Mr. Osterholt stated that he felt that this was an item that should be on the
agenda so that the Council could make further inquiry before a meeting on this
matter. Therefore, it will be placed on the agenda for the next Council
meeting.
Motion was made by Alvin Bren, seconded by Paul Redpath that the meeting be
adjourned at 10:35 P.M.
The motion carried.
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Brown, Clerk
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